The High Court of Karnataka disposed of four criminal petitions filed to quash FIRs under the SC/ST (POA) Ordinance. The court found the petitions infructuous as police B-reports were filed and awaited, reserving liberty to challenge future court orders against petitioners.
The petitions were disposed of as having become infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:22310 CRL.P No. 3140 of 2023 C/W CRL.P No. 2930 of 2023 CRL.P No. 2946 of 2023 CRL.P No. 3028 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 3140 OF 2023
C/W
CRIMINAL PETITION NO. 2930 OF 2023 CRIMINAL PETITION NO. 2946 OF 2023 CRIMINAL PETITION NO. 3028 OF 2023
IN CRIMINAL PETITION NO. 3140 OF 2023 BETWEEN:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
SMT. SAPNA PRAMOD AGED ABOUT 52 YEARS W/O PRAMOD KUMAR R/AT FLAT NO.C003, SKYLINE SOLSTICE BANASWADI MAIN ROAD, BENGALURU – 560 043.
WORKING AS GENERAL MANAGER (PA AND F) KARNATAKA CIRCLE, GPO-BENGALURU-560 001. AS PER F.I.R. GPO, DR.AMBEDKAR VEEDHI BENGALURU – 560 001.
…PETITIONER
(BY SRI KUMAR M. N., ADVOCATE)
AND:
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BENGALURU, THROUGH VIDHANA SOUDHA POLICE STATION CUBBON PARK SUB-DIVISION BENGALURU – 560 001.
S/O K.T.PRAKASH
AGED ABOUT 57 YEARS
RESIDING AT NO.33, ITI LAYOUT BEHIND M.S.RAMAIAH COLLEGE MATHIKERE, BENGALURU – 560 054 WORKING AS SENIOR ACCOUNTANT OFFICE OF THE GENERAL MANAGER (PA&F) KARNATAKA CIRCLE, GPO BUILDING BENGALURU – 560 001.
…RESPONDENTS
(BY SRI MAHESH SHETTY, HCGP FOR R-1; SRI P.A.KULKARNI, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASHING THE FIR REGISTERED AGAINST PETITIONER ARRAYING AS ACCUSED NO.1 BY VIDHANA SOUDHA POLICE STATION, CUBBON PARK SUB DIVISION BENGALURU IN CR.NO.6/2022 FOR THE OFFENCE P/U/S.3(1)(q) OF THE SC/ST (POA) AMENDMENT ORDINANCE 2014 VIDE ANNEXURE A PENDING ON THE FILE OF THE HONBLE (CCH-71) LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRIMINAL PETITION NO. 2930 OF 2023
BETWEEN:
K.P.SURESH S/O K.P.ARUMUGHAN AGED ABOUT 58 YEARS
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R/AT NO.15, KANAKA NAGAR BENGALURU – 560 032. WORKING AS SENIOR ACCOUNTS OFFICER OFFICE OF CHIEF POST MASTER GENERAL KARNATAKA CIRCLE, GPO, DR.AMBEDKAR VEEDHI BENGALURU – 560 001.
... PETITIONER
(BY SRI M.N.KUMAR, ADVOCATE)
AND:
... RESPONDENTS
(BY SRI MAHESH SHETTY, HCGP FOR R-1;
SRI P.A.KULKARNI, ADVOCATE FOR R-2)
NC: 2023:KHC:22310 CRL.P No. 3140 of 2023 C/W CRL.P No. 2930 of 2023 CRL.P No. 2946 of 2023 CRL.P No. 3028 of 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASHING THE FIR REGISTERED AGAINST PETITIONER ARRAYING AS ACCUSED NO.3 BY VIDHANA SOUDHA POLICE STATION, CUBBON PARK SUB DIVISION BENGALURU IN CR.NO.6/2022 FOR THE OFFENCE P/U/S.3(1)(q) OF THE SC/ST (POA) AMENDMENT ORDINANCE 2014 VIDE ANNEXURE A PENDING ON THE FILE OF THE HONBLE (CCH-71) LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRIMINAL PETITION NO. 2946 OF 2023
BETWEEN:
SMT. K.PADMAVATHI W/O V.SWAMINATHAN AGED ABOUT 51 YEARS R/AT NO.16, 5TH CROSS YELECHANAHALLI BENGALURU – 560 078. WORKING AS A ACCOUNTS OFFICER OFFICE OF GENERAL MANAGER, GPO BENGALURU – 560 001. AS PER F.I.R. GPO, DR.AMBEDKAR VEEDHI BENGALURU – 560 001.
... PETITIONER
(BY SRI KUMAR M. N., ADVOCATE)
AND:
NC: 2023:KHC:22310 CRL.P No. 3140 of 2023 C/W CRL.P No. 2930 of 2023 CRL.P No. 2946 of 2023 CRL.P No. 3028 of 2023
VIDHANA SOUDHA POLICE STATION CUBBON PARK SUB-DIVISION BENGALURU – 560 001.
S/O K.T.PRAKASH
AGED ABOUT 57 YEARS RESIDING AT NO.33, ITI LAYOUT BEHIND M.S.RAMAIAH COLLEGE MATHIKERE, BENGALURU – 560 054. WORKING AS SENIOR ACCOUNTANT OFFICE OF THE GENERAL MANAGER (PA & F) KARNATAKA CIRCLE, GPO BUILDING BENGALURU – 560 001.
... RESPONDENTS
(BY SRI MAHESH SHETTY, HCGP FOR R-1; SRI P.A.KULKARNI, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR REGISTERED AGAINST THE PETITIONER BY VIDHANA SOUDHA P.S., CUBBON PARK SUB DIVISION, BENGALURU IN CR.NO.6/2022 FOR THE OFFENCE P/U/S 3(1)(q) OF THE SC AND ST (POA) ACT VIDE ANNEXURE-A PENDING ON THE FILE OF THE HONBLE (CCH-71) LXX ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
NC: 2023:KHC:22310 CRL.P No. 3140 of 2023 C/W CRL.P No. 2930 of 2023 CRL.P No. 2946 of 2023 CRL.P No. 3028 of 2023
IN CRIMINAL PETITION NO.3028 OF 2023
BETWEEN:
SMT. LAKSHMIDEVI SAIRAM WIFE OF SAIRAM SUBRAMANIYAN AGED ABOUT 40 YEARS RESIDING AT NO.1690, 2ND FLOOR EAST END ‘A’ MAIN, JAYANAGARA 9TH BLOCK BENGALURU – 560 069. WORKING AS ASSISTANT ACCOUNTS OFFICER OFFICE OF CONTROLLER OF COMMUNICATION OF ACCOUNTS, MINISTRY OF COMMUNICATION PALACE ROAD, BENGALURU – 560 001. AS PER F.I.R. GPO, DR.AMBEDKAR VEEDHI BENGALURU – 560 001.
... PETITIONER
(BY SRI KUMAR M. N., ADVOCATE)
AND:
REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU, THROUGH VIDHANA SOUDHA POLICE STATION CUBBON PARK SUB-DIVISION BENGALURU – 560 001.
NC: 2023:KHC:22310 CRL.P No. 3140 of 2023 C/W CRL.P No. 2930 of 2023 CRL.P No. 2946 of 2023 CRL.P No. 3028 of 2023
WORKING AS SENIOR ACCOUNTANT OFFICE OF THE GENERAL MANAGER (PA & F) KARNATAKA CIRCLE, GPO BUILDING RAJBHAVAN ROAD BENGALURU – 560 001.
... RESPONDENTS
(BY SRI MAHESH SHETTY, HCGP FOR R-1; SRI P.A.KULKARNI, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASHING THE FIR REGISTERED AGAINST PETITIONER ARRAYING AS ACCUSED NO.2 BY VIDHANA SOUDHA POLICE STATION, CUBBON PARK SUB DIVISION BENGALURU IN CR.NO.6/2022 FOR THE OFFENCE P/U/S.3(1)(q) OF THE SC/ST (POA) AMENDMENT ORDINANCE 2014 VIDE ANNEXURE-A PENDING ON THE FILE OF THE HONBLE (CCH-71) LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader on instructions
would submit that the police have filed ‘B’ report in all these cases and the ‘B’ report is pending consideration before the concerned Court.
NC: 2023:KHC:22310 CRL.P No. 3140 of 2023 C/W CRL.P No. 2930 of 2023 CRL.P No. 2946 of 2023 CRL.P No. 3028 of 2023
Sd/JUDGE
NVJ List No.: 1 Sl No.: 83
1 issue framed by the court
Whether the criminal petitions filed under Section 482 of Cr.P.C. praying to quash FIRs under Section 3(1)(q) of the SC/ST (POA) Amendment Ordinance 2014 became infructuous upon filing of police B-rep
2 provisions across 2 enactments
Smt. Sapna Pramod
State of Karnataka
Sri K.P. Ravi
K.P. Suresh
Smt. K. Padmavathi
Smt. Lakshmidevi Sairam
M. Nagapranna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
